Divorce that renders a wife forbidden to her husband
Machine translationRead the Arabic original
Question:
A man divorced his wife three times at different times, and he had ten children from her, both male and female. Please inform us, may Allah reward you with good?
Answer:
If he divorced her three times separately, it is concluded [al-Baqarah:230], meaning in the third instance. He said first: [al-Baqarah: 229], then he said: [al-Baqarah:230], meaning the third. So if he divorced her, then took her back, then divorced her, then took her back, then divorced her the third time; she is out, it is concluded, and she is forbidden to him until she marries another husband.
And likewise, if he said: "You are divorced," then "You are divorced," then "You are divorced"; it is concluded, provided the divorce was not pronounced in a state of intoxication, nor in a state of intense anger that alters his perception and he does not control himself, nor during menstruation, nor during post-natal bleeding, nor in a period of purity in which he had intercourse with her. If the divorce is free from these impediments, it is valid upon him according to the correct view held by all scholars. If he divorced her three times, she is forbidden to him until she marries another husband.
As for if he divorced her with the three in a single phrase, "You are divorced with three," there is disagreement among the scholars. The majority hold that it is valid upon him as well, and she is forbidden to him except after another husband.
And some scholars held that it counts as one, as was the case in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq, and the early part of 'Umar's caliphate. This is the stronger view: that it counts as one if it is in a single phrase, where he said, "She is divorced with three," or "You are divorced with three." The stronger of the scholars' statements is that it counts as one, and he may take her back.
As for if it was at different times, or with the words "You are divorced," then "You are divorced," then "You are divorced," or he divorced, then took her back and divorced, then took her back, then divorced the third time; she is forbidden to him until she marries another husband. This is the status of divorce, a status that involves detail.
A man divorced his wife three times at different times, and he had ten children from her, both male and female. Please inform us, may Allah reward you with good?
Answer:
If he divorced her three times separately, it is concluded
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُDivorce is twice
الطَّلَاقُ مَرَّتَانِIf he divorces her
فَإِنْ طَلَّقَهَاAnd likewise, if he said: "You are divorced," then "You are divorced," then "You are divorced"; it is concluded, provided the divorce was not pronounced in a state of intoxication, nor in a state of intense anger that alters his perception and he does not control himself, nor during menstruation, nor during post-natal bleeding, nor in a period of purity in which he had intercourse with her. If the divorce is free from these impediments, it is valid upon him according to the correct view held by all scholars. If he divorced her three times, she is forbidden to him until she marries another husband.
As for if he divorced her with the three in a single phrase, "You are divorced with three," there is disagreement among the scholars. The majority hold that it is valid upon him as well, and she is forbidden to him except after another husband.
And some scholars held that it counts as one, as was the case in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq, and the early part of 'Umar's caliphate. This is the stronger view: that it counts as one if it is in a single phrase, where he said, "She is divorced with three," or "You are divorced with three." The stronger of the scholars' statements is that it counts as one, and he may take her back.
As for if it was at different times, or with the words "You are divorced," then "You are divorced," then "You are divorced," or he divorced, then took her back and divorced, then took her back, then divorced the third time; she is forbidden to him until she marries another husband. This is the status of divorce, a status that involves detail.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
